DIE Mercurii, 12 Januarii.
PRAYERS, by Mr. Carryll.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Answer from the H. C.
Answer returned from the House of Commons:
That to the Petition of the Lady Brooke, they have
taken it into Consideration, and will return Answer:
That to the Ordinance for Five Thousand Pounds to be
raised for Ireland out of the Estates to be mortgaged,
and to that Petition of Mr. Thayne, they will return
Answer by Messengers of their own.
Trustees for Impropriations for Charitable Uses, Petition, to have a Decree against them reversed.
Upon reading the Petition of the Trustees for the
disbursing of such Monies as were contributed for the
Increase and Maintenance of Six Lectures in the Parish
Church of St. Antholin's, London, and other pious and
charitable Uses; complaining against a Decree made
against them in the Exchequer Chamber:
(Here enter it.)
It is Ordered, That the King's Counsel shall attend
this House on Tuesday next, and give an Account thereof; and that the Decree shall be brought into this
House, and then further Direction shall be given.
Message from the H. C. with an Order.
A Message was brought from the House of Commons,
by Sir John Temple, &c.; who brought up an Order,
That the Money that is to come in upon the Ordinance
of 1 Decembris, 1647, may be re-paid to the Sub-treasurer of Wars for Ireland. (Here enter it.)
The Answer was:
That this House agrees to the Order now brought
Symonds and Wells, in Error.
Upon hearing the Counsel of Wells Defendant, in a
Writ of Error against Symonds, neither the Plaintiff nor
his Counsel appearing, though he was served with the
Order of this House for hearing this Day, as appeared
by Oath at this Bar: It is Ordered, That the Judgement shall be affirmed, without further Order or Motion, if Cause be not shewed to the contrary to this
House by Monday next.
Evelyn and Sir J. Brook.
Upon reading the Petition of Arthur Evelyn; shewing, "That Sir John Brooke hath not given any Answer
to this House concerning the Petition of the said Arthur Evelyn:"
It is Ordered, That if the said Sir John Brooke do
not shew Cause to this House by Tuesday next, the said
Evelyn is left to take his ordinary Course at Law against
Message to the H. C. with Gen Sterling's Petition;— and with Brent's and the Taynton Ordinance.
A Message was sent to the House of Commons, by
Dr. Heath and Mr. Eltonhead; videlicet,
1. The Petition of Major General Sterling.
2. Sir Nathaniell Brent's Ordinance.
3. Ordinance pro Taynton, for the building a Church.
Petition from the Provincial Assembly of London:
Several of the Assembly presented a Petition, which
was read, concerning the Provincial Assembly of London.
And being withdrawn, were called in again, and
thanked for their Care therein expressed; and that the
Lords will take the said Petition into speedy Consideration: And therefore they have appointed a Committee
more particularly to consider of the Particulars, who
are to report the same; that such further Directions
may be given therein as (fn. *) shall be meet.
Lords Committees named:
Committee to consider of it.
Any Three; to meet at Nine, on Friday next, in
the Lord Keeper's Lodgings; and to adjourn as
Harriot and Fitzhugh.
The Cause between Harriott and Fitz-Hugh came this
Day to a Hearing.
The Defendant only appeared.
Ordered, That if the Plaintiff shew not Cause to
the contrary by, the Judgement
to be affirmed ipso Facto, without further moving this
Order for Monies, come in for Ireland, to be issued.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Monies that are come in, or
shall come in, upon the late Ordinance, ordered to
be printed, 1 Decembris, 1647, for Adventurers for
Ireland, be paid to the Vice Treasurer of Ireland, to
be issued out by Order of both Houses."
Trustees for Impropriations for Charitable Uses, Petition to have a Decree in the Exchequer against them reversed.
"To the Right Honourable the Lords assembled
"The humble Petition of Dr. William Gouge,
Samuell Browne Esquire, Charles Ofspring, John Geering, and Richard Davies, surviving Trustees for the disbursing of such Monies as had been or
should be contributed, for the Increase
and Maintenance of the Six Lectures
in the Parish Church of St. Antholin's,
London, and other pious and charitable
"That divers well-affected Persons having given and
contributed several Sums of Money to the Ten
Trustees, Richard Sibbs, William Gouge, Doctors in
Divinity, Sir Thomas Crew Knight Serjeant at Law,
Christopher Sherland Esquire, Alderman Healinge, and
your Petitioners, and others since deceased, to the
End that Lands, Tenements, Rectories, Advowsons,
Portions of Tithes, might be purchased by the said
Trustees, to be employed for the Increase of the
Maintenance of Preaching Ministers, and other pious,
good, and charitable Uses directed by the Donors,
and, for Want of their Direction, for such good Uses
as the greater Part of the Feoffees and Donors should
think meet; and in particular, the Rents, Issues, and
Profits, of the Rectory of Presteyne, in the County of
Hereford, were to be employed for the Increase of
Maintenance of the Six Morning Lectures in the
said Parish of St. Antholine's, to make up in certain
for the Maintenance of each Lecturer Thirty Pounds
per Annum, and Ten Pounds per Annum to the Parson
of the said Parish.
"That the Trustees, according to the Trust reposed
in them, did purchase, with the Monies to them
given, divers Rectories, Advowsons, and other Hereditaments, and settle them upon able painful
Preachers, in divers Places of this Kingdom, where
little Preaching had been formerly; and did dispose
of the Premises conferred and given, as was intended
by those who did confer or give the same, until Easter
Term, in the Eighth Year of His now Majesty's Reign;
when William Noy, His Majesty's then Attorney General, did, by the Procurement of the Archbishop of
Canterbury, exhibit an Information in the Exchequerchamber, against your Petitioners and others the
Trustees aforesaid, thereby pretending that the said
Trustees had of their own Authority made themselves
a Society, or Body Corporate, and did the Acts of a
Body Politic; and, under Colour thereof, had gotten
into their Hands divers Sums of Money, given for
necessary Relief and Sustenance of Men of the Clergy, and other pious Uses, and with Part of it had
purchased several Rectories, a Prebend, divers Lands,
Tenements, and Hereditaments, which they had misemployed, and converted to their own Uses; and that
it pertained to His Majesty's Care, that Lands and
Goods given for pious or charitable Uses should be
rightly employed and distributed.
"That your Petitioners and other the then Trustees
put in their Answer, and set forth the Trust; denied
the Mis-employment; and, for their Proceedings, referred themselves to certain Books kept for that
"That, in Hillary Term, in the said Eighth Year of
His now Majesty's Reign, the Cause was heard in the
Exchequer-chamber, upon the Information, the Defendants Answer, and the said Books which the Petitioners were ordered to bring in: And, upon Pretence that the said Trustees Proceedings were to draw
a Dependency of the whole Clergy of this Realm
upon them, introducing Novelties of dangerous Consequence both to the Church and Commonwealth,
and were a Usurpation upon His Majesty's Regality; and that the said Trustees had not performed
the Trust, albeit the Court did forbear to punish
them; it was Decreed, That the Trustees from thenceforth should hold no further Assemblies, nor make
any Orders or Constitutions touching the Premises,
nor make any Alteration or Limitation of any Estate
or Interest in any of the Premises whereof they were
seised or interested; and directed a Commission to be
awarded, for enquiring what Revenues were purchased by the Trustees, and of all Leases and Sums
of Money that were given for the Purchasing of Impropriations; and declared, upon the Return of such
Certificate, the same should be conferred upon perpetual Incumbents, as His Majesty in His Wisdom
should think fit: And as touching the Advowsons and
Nomination of School-masters purchased by the said
Trustees, it was ordered, They should be presented unto and disposed of by His Majesty; and
that the Trustees should account for their Receipts
and Disbursements, before such Auditors of that
Court as the Court should appoint. And afterwards
some of the said Trustees were, in Pursuance of the
said Decree, enforced to make some Conveyance of
the said Rectories and Premises to the King's Majesty.
"Forasmuch as the said Decree (as the Petitioners
humbly conceive), as to the said Mis-employment by
the Trustees, was made contrary to their Oaths, upon
their Answers, without any Proof to ground the
same; and thereby the Trust reposed in the said
Trustees changed; the Disposition of the said Advowsons and Nominations to Churches and Schools
ordered to the King's Majesty, and the said Trustees
enforced to convey the said Rectories and Premises
contrary to the Intent of the Donors; a godly and
pious Work, for the setting up of the Preaching of
God's Word, subverted, to the great Dishonour of
God, and Scandal of the Justice of this Nation, and
contrary to the Rules of Law and Equity.
"The Petitioners humbly pray your Lordships,
That the King's Counsel may be called before
your Lordships, and that the said Decree,
for divers (fn. *) Years therein contained, may be
reversed; the said Trustees restored to the
Premises and all the Profits of the same, and
may be permitted, notwithstanding the said
Decree and Conveyance, to perform the
Trust in them reposed, in so good and pious
"And your Petitioners shall ever pray, &c.
Petition from the Provincial Assembly of London, to increase the Number of Delegates;—to expedite the settling those Classis not yet formed;—to provide Encouragement for a godly Ministry;—to prevent Clandestine Marriages, &c.— and for improper Persons to be excluded from the Sacrament.
"To the Right Honourable the Lords and Commons assembled in Parliament.
"The humble Petition of the Provincial Assembly of London;
"That they do with all unfeigned Thankfulness acknowledge the indefatigable Labour and Pains of the
Honourable Houses, as in the Civil Affairs of the
Kingdom, so also in Matters Ecclesiastical; and that
not only a putting down the High Commission Court,
the Common Prayer Book, and Prelacy, but also in
establishing the Directory for Worship, and settling
in some Measure the Presbyterial Government, and
in removing some Impediments which were observed
to hinder the putting of it in Execution, in providing
a Way of Ordination, and declaring against those
that preach unordained, and in constituting a Provincial Assembly in this City. And though they are not
ignorant of the great Distractions which have befallen
you and the Kingdom, and how far the Peace thereof is yet unsettled, so as it is the less to be admired
that we have not yet attained that desired Uniformity
which is mentioned in your and our Covenant; yet
they humbly crave Leave to represent the State and
Condition of their Province, in a few Particulars:
"May it therefore please your Honours, to take into
your pious Consideration,
"1. That (the Quorum of the Province for so
great a City being already little enough, that
is to say, Twelve Ministers and Four and
Twenty Ruling Elders) the Number of Delegates is so small, there being yet but Eight
Classis formed of the Twelve, besides the
Casualties of Sickness, Journies, and Employments otherwise, that it is hard to have the
full Meeting of Thirty-six at any Time; and
the Number of Ministers is greater in some
Classis than in the Provincial Meeting, which
seems to be besides the Intention of the
Houses, declared in their Directions of August
"2. The Reasons why the other Four Classis, that
is, the Second, the Ninth, Eleventh, and
Twelfth, are not formed, and send no Delegates (as we humbly conceive), are, either
Want of settled Ministers to join with the
People in chusing Elders, or Want of Triers
to approve those who are chosen, or because
some Elders and Triers are removed. And
this in the Particulars your Petitioners are
ready to declare, if to the Wisdom of the
Houses it shall seem meet.
"3. The Number of settled Ministers in the Province is very small; and there wants in the
Whole, as we are informed, about a Third
Part; some of those who have been settled
are upon Removal, or ready for it upon Occasion; those who abide by their Charge are
discouraged: All which ariseth partly because
disaffected Ministers are entertained in some
Congregations, and suffered to intrude without an orderly Approbation in such Manner
as the Parliament hath ordained; but especially by reason that the People do withhold not only the voluntary Contribution
which they have some Time given, but also
that necessary Maintenance which is settled
upon them by Law and Custom.
"4. There are some Ministers who baptize Children in Private Houses; the same or others
marry without publishing the Purpose of Marriage between the Parties, and Consent of
Parents, or those who are in their Stead;
which tends to the Ruin of the Parties themselves, the Grief of their Friends, Scandal of
the Godly, and may prove mischievous, not
only to Noble Families, but to the Commonwealth in general; as in other respects, so
in this, that Fornications, Adulteries, forced
Marriages, are sometimes smothered up, and
the ill Effects of them made remediless; and
others who admit all Sorts to the Sacrament,
without taking in the Elders to join with them
in the Examination of such as for their Ignorance or Scandal ought to be suspended, according to the Ordinance of Parliament; all
which is contrary and prejudicial to the good
Order and Government prescribed and enjoined by the Houses.
"5. There are likewise other Obstructions which
hinder the Progress of the Government in
this Province; as, that many conceive it only
to be settled for Three Years, and in most
Parts of the Kingdom not settled at all, and
so not probable long to continue; that Church
Censures are not established; that divers
Churchwardens, in sundry Places, set themselves to oppose both the Government and
the Power of Godliness.
"May it therefore please the Honourable
Houses, by Way of Remedy, as to their
Wisdoms shall seem good,
1. To increase the Number of Delegates,
out of the Classis which are or shall be
formed within the Province.
"2. To quicken the settling of those Classis
which are not formed, by enjoining
People to provide themselves Ministers
within a Time prefixed; and, in case of
their Neglect, to require the Classis or
Province wherein they are to supply
them, as in the Case of Suspension of a
Minister for Scandal is already in Part
provided for, in the Ordinance of the
Fourteenth of March, 1645; and by appointing Triers where they want, or
enabling the Classis where it is formed,
and Province while it sits, to supply their
Defect, where there are neither Triers
"3. To provide some seasonable and effectual
Encouragement for a godly, learned, and
well-affected Ministry, that the Defects
of the Law, which are pretended in the
Case of the City Ministers, for their
Maintenance, may be supplied.
"4. That those which practise contrary to
the Directions and Ordinances of Parliament may be brought to reform themselves; lest, by their evil Example, others
be emboldened to the like Neglect of
Order, and to Disobedience.
"Particularly, That some more effectual
Means may be provided to prevent Clandestine Marriages, and for the Punishment of Fornication and Adultery, and
such other Uncleanness as ought not to
be named among Christians.
"5. That the Business of Churchwardens
may be taken into serious Consideration;
that there may be a Choice of Deacons;
that the Church Censures be so established, that notorious and scandalous
Offenders, continuing obstinate, may be
excluded from Church Communion; and
that the Government may be settled
throughout the Kingdom, according to
the Word of God, and the Example of
the best Reformed Churches.
"And they shall ever pray, &c.
"Signed, in the Name, and by the Appointment,
of the Provincial Assembly.
"Arthur Jackson, Moderator pro Tempore.
Ralph Robinson, Scriba.
W. Wickins, Scribe."